The following forms are templates that were developed over the years by me and need to be customized for individual use. They are provided free for your use. It is my hope that solo practitioners and small firms will benefit from being able to use these forms, or provisions from these forms, in their practice.
Non attorneys are cautioned in their use of these documents. They should be customized as appropriate for the particular situation or matter, and further need to be checked for compliance with individual state law requirements. The Law Firm of Mark Garfinkel waives all responsibility for the use of these documents.
Non-Disclosure Agreement (One Way).
This simple NDA can be used when a mutual agreement is not required for example when an independent contractor is being used or an employee is being hired by a company. A non mutual agreement might also be used when an investor wants to review a private placement memorandum to determine if he or she wants to make an investment. In these cases the disclosure of information is usually one-way so a non-mutual agreement is appropriate. The agreement contains a non-compete and non-circumvent provision.
Non-Disclosure Agreement (Mutual).
This is the NDA that I use when a mutual agreement is necessary. For example, a mutual agreement is necessary when a potential buyer is reviewing a seller's business, or a company is discussing a licensing deal that involves intellectual property. The agreement template also contains a non-circument provision.
Independent Contractor Software Development Agreement.
This is an agreement that would be used by a company that is hiring a independent contractor to develop software for it. The agreement contains an Exhibit A Project Description.
General Durable Power of Attorney.
This is a general power of attorney that remains in effect even if the grantor becomes disabled or incompetent. This is not a medical power of attorney that authorizes someone to make health care related decisions for the grantor. It requires the grantor to check off boxes to grant specific powers and includes an area where a specific grant of authority can also be spelled out. This agreement might be used, for example, in a situation where the grantor needs to give another party the ability to handle financial matters for him. The template must be adjusted to meet specific state law requirements (e.g. number of witnesses, acknowledgements, notary).